Donato v. Upper Providence Township Zoning Hearing Board

PRESCOTT, J.,

On or about October 16, 1979 the Zoning Hearing Board of Upper Providence Township (hereinafter board), Delaware County, Pa., by unanimous decision granted Alfred Donato a variance.

By order dated January 24, 1980 the board filed a decision which purported to revise its position of October, 1979 and thereby deny Donato his variance.

Donato has taken an appeal from the action of the board by which his variance was denied. The issues raised by this appeal are:

1. Whether or not the board erred in ordering a rehearing after said board had granted appellant’s application for a variance;

2…